ABDUL SATTAR Vs. BASHIR

JUDGEMENT

(1.) THE plaintiff has filed this petition under Article 227 of the Constitution of India for setting aside the order dated 6.11.2003, passed by Additional Civil Judge (Senior Division), Jagadhri, whereby the application of the petitioner seeking direction to the respondent-defendant to give his specimen thumb impression in order to seek fresh expert report has been dismissed.

(2.) IN this case, the petitioner filed a suit for possession by way of specific performance on the basis of agreement of sale dated 2.7.1999 with regard to land measuring 16 Kanals 14 Marlas, which was agreed by the respondent to be sold to the petitioner. The respondent, in his written statement, has denied the execution of the said agreement as well as the receipt of the earnest amount.

(3.) AFTER that report, the petitioner moved application for issuing direction to the respondent to give his specimen thumb impressions. The said application has been dismissed by the trial court, while observing as under :-